Hi Expert Law volunteers,
After looking around and doing some research on copyright law, I stumbled upon this forum where I am hoping I might find an answer to my problem.
The last few months I have been working on a non-commercial virtual reality archery game. I haven't released any pictures or videos of the game to the public. The problem I am having is that I am afraid that a 3D-model of a building in my game might be seen as a derivative work of a fictitious building used in a scene of a copyrighted movie. I used the building displayed in a scene of this movie as inspiration for making the 3D-model of the building that is used in my game. They look fairly similar, but are by far 1:1. I don't use anything else that has to do with the movie, so no titles/names/songs/sounds/etc.
Most derivative works seem to involve direct copying of copyrighted content or modifying the copyrighted content, which are things that I have not done while creating this game. Every 3D-model is self-made and all images/sounds/etc. are obtained from sources that provided me with CC0 licenses or similar licenses.
So my questions are:
1. Would it be copyright infringement if I based the 3D-model of the building used in my game on a fictitious building that is used in a movie? (Without using anything else from the movie like titles/names/songs/sounds/etc.)
2. If it is copyright infringement, would the fact that this is a non-commercial game make it fair-use?
3. If it is not fair-use, is there any way on how to prevent copyright infringement without dramatically altering the 3D-model of the building used in the game?
Thank you very much in advance for taking the time to help me. If there is anything that is unclear, please tell me and I will try to clarify.
Kind regards,
Stormy
After looking around and doing some research on copyright law, I stumbled upon this forum where I am hoping I might find an answer to my problem.
The last few months I have been working on a non-commercial virtual reality archery game. I haven't released any pictures or videos of the game to the public. The problem I am having is that I am afraid that a 3D-model of a building in my game might be seen as a derivative work of a fictitious building used in a scene of a copyrighted movie. I used the building displayed in a scene of this movie as inspiration for making the 3D-model of the building that is used in my game. They look fairly similar, but are by far 1:1. I don't use anything else that has to do with the movie, so no titles/names/songs/sounds/etc.
Most derivative works seem to involve direct copying of copyrighted content or modifying the copyrighted content, which are things that I have not done while creating this game. Every 3D-model is self-made and all images/sounds/etc. are obtained from sources that provided me with CC0 licenses or similar licenses.
So my questions are:
1. Would it be copyright infringement if I based the 3D-model of the building used in my game on a fictitious building that is used in a movie? (Without using anything else from the movie like titles/names/songs/sounds/etc.)
2. If it is copyright infringement, would the fact that this is a non-commercial game make it fair-use?
3. If it is not fair-use, is there any way on how to prevent copyright infringement without dramatically altering the 3D-model of the building used in the game?
Thank you very much in advance for taking the time to help me. If there is anything that is unclear, please tell me and I will try to clarify.
Kind regards,
Stormy
Copyright Law: Is a 3d-Model Inspired by a Fictitious Building from a Movie a Derivative Work
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